A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with change noted below)

The following change to the agenda is proposed: 

Remove item G.1., WakeMed Hospital - Request for Waiver from Thoroughfare Improvement Requirements (EN07-089), from this agenda to go back to staff and com back to council at a future meeting (at the request of the applicant).

B.   CONSENT AGENDA

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on April 12, 2007, and the minutes of the aquatic work session held on April 10, 2007. (Approved)

b.   Consideration of approval of the April 2007 tax report. (Approved)

c.   Consideration of adoption of a resolution supporting Senate Bill 610, Wake County Revenue Options. (Approved)

d.   Consideration of approval of granting an easement along Green Level to Durham Road to Progress Energy Carolinas in order to supply electricity to the bio-cube. (Approved)

e.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexations. (Mr. Dan Matthys)

(1)  ANNEXATION: 07-A-09
Property owners: Mahmoud & Rolla Abdallah
Location: 240 feet south of intersection of McCrimmon Parkway and Davis Drive
Acreage: 0.26 acre
Contiguous to Corporate Limits: Yes   
Associated development plan: 06-SP-134 (Davis Drive Eatery)
Presenter: Mr. Dan Matthys  (Approved)
 

(2)  ANNEXATION: 07-A-11
Property owners: KRG/Prisa II Parkside, LLC and Research Triangle Foundation of NC
Location: At the intersection of NC55 Highway and O'Kelly Chapel Road
Acreage: 125.19 acres
Contiguous to Corporate Limits: No 
Associated rezoning: 07-REZ-06 (Parkside Town Commons)
Associated development plan: 07-SP-012 (Parkside Town Commons)
Presenter: Mr. Dan Matthys  (Approved)
 

(3)  ANNEXATION: 07-A-15
Property owners: Winslow Pond Properties, LLC
Location: 930 feet north of intersection of NE Maynard Road and Chapel Hill Road
Acreage: 4.73 plus .99 adjacent right of way = 5.72 total acres
Contiguous to Corporate Limits: Yes
Associated development plan: 07-SB-003 (Campbell Property)
Presenter: Mr. Dan Matthys  (Approved)
 

(4)  ANNEXATION: 07-A-16
Property owners: Sears Farm, LLC
Location: At the intersection of High House Road and Davis Drive
Acreage: 4.90
Contiguous to Corporate Limits: Yes
Associated development plan: 06-SP-005 (Searstone, Phase 1) 
Presenter: Mr. Dan Matthys  (Approved)
 

(5)  ANNEXATION: 07-A-17
Property owners: Highcroft Investors, LLC
Location: 1,610 feet west of intersection of NC 55 Highway and Green Hope School Road
Acreage: 85.74
Contiguous to Corporate Limits: Yes
Associated development plan: 05-SB-034 (Highcroft Village PH 1 & 2)
Presenter: Mr. Dan Matthys  (Approved)
 

2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda) 

a.   ANNEXATION: 06-A-38, The Park at Westlake
Property owners: Tom Davis Homes, Inc. and Daniel A., Sr. & Ana L. Alvarado
Location: 2630, 2633, 2634, 2637, 2638, 2641, 2642, 2645, 2646 Iveyspring Court, and other unaddressed property
Acreage: 5.65 plus 0.57 adjacent right of way = 6.22 total acres
Contiguous to Corporate Limits: Yes
Associated rezoning: 06-REZ-35, The Park at Westlake
Presenter: Mr. Dan Matthys
Recommended Council Action: Council may take final action (Approved)

b.   REZONING 06-REZ-35, The Park at Westlake
Location: Iveysprings Court south of Optimist Farm Road
Current zoning: Residential 30 Wake County (R-30 W)
Requested zoning: Residential 12 (R-12) and Resource/Recreation (RR)
Acreage: 6.22 ±
Presenter: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: Unanimous recommendation to approve
Recommended Council Action: Council may take final action (Approved)

c.   ANNEXATION: 06-A-36, The Park at Westlake
Property owners: Multiple owners
Location: Park at West Lake-south of Optimist Farm Road, east and west of West Lake Road, and north and west of the South Cary Water Reclamation Facility
Acreage: 105.14 plus 5.38 adjacent right of way = 110.52 total acres
Contiguous to Corporate Limits: Yes
Associated rezoning: 06-REZ-36, The Park at Westlake
Presenter: Mr. Dan Matthys
Recommended Council Action: Council may take final action (Approved)

d.   REZONING 06-REZ-36, The Park at Westlake
Location: In the Park at West Lake subdivision, which is south of Optimist Farm Road, east and west of West Lake Road and north and west of the South Cary Water Reclamation Facility
Current zoning: Residential 30 Wake County (R-30W) and Residential 20 CUD Wake County (R-20 CUD W)
Requested zoning: Residential 12 (R-12) and Transitional Residential (TR), and Resource/Recreation (RR)
Acreage: 110.52±  
Presenter: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: Unanimous recommendation to approve
Recommended Council Action: Council may take final action (Approved)

3.   Planning and Development Committee, April 18, 2007 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Roseland)

a.   Interim Measures for Carpenter Plan Implementation (PL07-032)
Committee unanimously recommended that for a 12-month period beginning April 26, council decline to rezone any properties located within the area(s) outlined below, and that all development plans, as well as all demolition permit requests for historic structures, be forwarded to Council for review and approval.

(1)    The area designated as the Rural Village in the Carpenter Community Plan, plus

(2)    The portion of the Carpenter National Register Historic District located west of Koppers Road/Louis Stephens Drive, plus

(3)    A 400-foot buffer surrounding the above, but not including properties located west of the CSX Railroad line, or east of Koppers Road/Louis Stephens Road.  (Approved)

b.   Amendment to Section 9.1.5 (LDO) Regarding Sign Area Computation for Multi-Tenant Buildings (PL07-036)
Committee unanimously recommended drafting new ordinance language to clarify how sign measurements are calculated for multi-tenant buildings to allow for greater flexibility in the placement of such signs.  (Approved)

c.   Computer Crimes Unit (PD07-014)
Committee unanimously recommended approval of a comprehensive staffing, equipment and training approach to add to the Town of Cary’s capacity to help address computer related crime activity.  This would include the following actions:

(1)    Approve the addition of two new Investigator positions, and

(2)    Approve the transfer of $92,770 from the FY2007 Police Department personnel accounts to the small equipment and capital outlay accounts of the Police Department and Technology Services Department as necessary to begin the purchasing process for the computer, vehicles, and equipment related to the purchases outlined above.  (Approved)

d.   Future Town Wide Residential Appearance Regulations (PL07-035)
Committee tabled this item and requested staff to take committee’s direction and return with a more refined recommendation regarding the drafting of ordinance language regarding anti-monotony and snout-nose garage regulations for inclusion in the next round of LDO amendments and requested that staff also solicit feedback from the Developer Focus Group. (Approved to Table)

e.   Tree Preservation, Mass Grading, and Slab Construction (PL07-038)
Committee tabled this item and requested staff to use the feedback from the committee to refine its recommendations regarding potential regulations for tree preservation, mass grading and slab construction and requested that staff solicit feedback from the Developer Focus Group.  (Approved to Table)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Case 07-VAR-01 (Alston Town Center)
The applicant, Mr. Joseph S. Dye, has requested approval of a variance from the riparian buffer requirements of the Town of Cary Land development Ordinance (LDO) for Alston Town Center, a parcel in the Alston Activity Center Concept Plan (AACCP). The project is located at the southwest quadrant of NC 55 and the I-540 Interchange. This variance shall be based on documentation of practical difficulties or unnecessary hardship and documentation of the effects on water quality cause by development within the buffers based on criteria set forth in 7.3.7. Council may take action. (Mr. Tom Horstman)  (Denied) 

2.   Park at Westlake Development 

a.   ANNEXATION PETITION 07-A-14
Property owners: Starcraft Builders, Inc.
Location: 7204, 7208, 7209, 7212, 7216, 7220, 7221, 7224, 7225, 7228, 7229, 7232, 7233, 7236, 7237, 7240, 7241, 7244 Bedford Ridge Drive
Acreage: 5.17 plus 0.90 acres of right-of-way
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Existing use: Residential Subdivision (Park at Westlake, 07-REZ-05)
Presenter: Mr. Dan Matthys
Recommended Council Action: No action required; staff will place this item on a future council agenda for final action to coincide with the associated rezoning 

b.   REZONING 07-REZ-05, Park at Westlake
Location: South of Optimist Farm Road and West of West Lake Road
Current zoning: Residential 20 Conditional Use District Wake (R-20 CUD W)
Requested zoning: Residential 8 (R-8)
Acreage: 6.08 ±
Presenter: Ms. Jennifer Currin 
Recommended Council Action: Refer to May 21, 2007 Planning and Zoning Board meeting
Council Action: Referred to the May 21, 2007 Planning and Zoning Board meeting

3.   FY 2008 Community Development Block Grant (CDBG) Annual Action Plan
The Draft Annual Action Plan describes how the Town of Cary plans to utilize $671,468 in Community Development Block Grant (CDBG) funds it expects to have available on July 1, 2007. Proposals were solicited from citizens, developers of affordable housing, non-profit agencies and Town departments for the use of these funds. Based on these proposals the Town intends to allocate its FY 2008 CDBG to the following areas:

Affordable Housing and Rehabilitation $455,000 (67.8%)
Supportive Housing $158,000 (23.5%)
Reserve for Overruns $ 48,000 (7.1%)
Administration of the Grant $ 10,468 (1.6%)
TOTAL $671,468

All members of the public are invited to speak on these draft plans. Following the public hearing, the Town Council may adopt the plans as presented or make revisions to the draft plans. (Mr. Philip Smith) 
(Approved submit the proposed annual action plan in the amount of $671,468; staff will bring a proposal back to council for opportunities to continue to support the rehabilitation program)

E.   PUBLIC SPEAKS OUT (see official minutes)

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1.   SUBDIVISION PLAN 06-SB-017, 018, The Manor at Green Level Crossings
Applicant: Toll Brothers
Location: North of Roberts Road approximately 2,500’ east of the intersection of Green Level Church and Robert Roads
Acreage: 51.13 acres (approximate)
Land Use Designation: Conservation Residential Low Density (LCR)
Zoning District: R-40 within the Conservation Residential Overlay District (CROD)
Proposed Use: 71 single-family home sites
Request: The applicant is proposing to construct a residential development at a gross density of 1.4 dwelling units per acre (71 single-family lots) utilizing the density bonus option as provided in Section 4.4.3 of the Land Development Ordinance (LDO). 
Planning and Zoning Board Recommendation: 4-4 tie vote
Presenter: Mr. Bob Benfield
Recommended Council Action: Council may take action (Denied)

2.   SUBDIVISION PLAN 06-SB-19, Saxonbury Singh Subdivision
Applicant: Singh Development, LLC
Location: North of Green Level West Road and west of Green Level Church Road
Acreage: 19.28 acres (approximate)
Land Use Designation: Conservation Residential Low Density (LCR)
Zoning District: R-40 within the Conservation Residential Overlay District (CROD).  A portion of the property is located within the Green Level National Historic District.
Proposed Use: 44 single-family home sites (the plan includes retaining a one acre lot for the historic Mills residence)
Request: The applicant is proposing to construct a residential development at a gross density of 2.23 dwelling units per acre (44 single-family lots) utilizing the density bonus option as provided in the Land Development Ordinance (LDO). 
Planning and Zoning Board Recommendation: Majority vote to approve
Presenter: Mr. Bob Benfield
Recommended Council Action: Council may take action (Denied)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, April 18, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)

1.   WakeMed Hospital – Request for Waiver from Thoroughfare Improvement Requirements (EN07-089)
Committee recommended denying the request for waiver of thoroughfare improvement requirements associated with the proposed WakeMed Hospital expansion, instead requiring an additional one-lane widening and right-of-way dedication along Tryon Road in accordance with the Town’s Comprehensive Transportation Plan requirements, requiring a payment-in-lieu for ˝ the median and the additional pavement necessary for the future four-lane median-divided Kildaire Farm Road, and requiring the additional right-of-way dedication necessary for the Town to make these improvements as recommended by staff.  Mr. Roseland dissented, recommending a waiver with right-of-way dedication due to concern about potentially excessive widening of the road.  Ms. Robison also stated that she would be open to a waiver with right-of-way dedication and payment-in-lieu with improvements to be made with a future expansion of WakeMed Hospital facilities. (NOTE: This item was removed from the March 22, 2007 council meeting agenda and scheduled for the April 26, 2007 council meeting.)  (Removed at the request of the applicant from this agenda to go back to staff.  Will be brought back to council at a future meeting.)    

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

N/A

I.    CLOSED SESSION  (Not called)

J.   ADJOURNMENT (8:48 p.m.)

Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m.